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Andrea, Esq., Lawyer

Category: Real Estate Law

Satisfied Customers: 12554

Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.

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We are protesting a residential property appraisal. The appraisal

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We are protesting a residential property appraisal. The appraisal district reflects a large amount of land in the back yard. When we bought the house in the 1980s, the survey showed a utility easement and, behind that, a flood control district easement. Both easements have been included in our property tax appraisal as part of the land of the property. In the 1990s, a levy was constructed in the flood control easement. The area of the back yard was essentially halved. The edge of the back yard now drops off into a "retaining pond" - it's quite a sharp drop off from the back yard at ground level - and proceeds into the area of the levy itself. Since this land is no longer usable by us, do we have to continue to pay property taxes on it? This is in Texas.

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In order to reduce your taxes on the property, you must file an Appeal. If so much of your property is not usable, you should have the property assessment reduced. Go to the Tax Assessor's Office in your County and ask if they have a special form that they require you to fill out in order to file an appeal on your property's assessment. Also ask when the final date for filing these Appeals is so that you do not miss the filing date.

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It always makes a difference if the land is usable or not. However, each municipality has their own rules of what is considered "usable" and what is considered "unusable" land. You would find this in the Ordinances specifically enacted by each municipality. But, this is an issue which definitely should be raised at the hearing on your Appeal,